5 Tax Incentives for Texas Employers The Texas Workforce Commission offers Texas employers two tax incentives for hiring targeted harder-to-place workers. To offset the additional attention or accommodations necessary to employ these workers, employers may qualify for federal tax credits up to $9,000 and state tax refunds of up to $2,000 per employee. The Work Opportunity Tax Credit (WOTC) is a federal tax credit that reduces the federal tax liability of private employers who hire from nine targeted groups. Qualified applicants who began work before September 1, 2011, can earn Texas employers up to $2,400 if they are certified for any of the first 8 of the 9 targeted groups. Nine Targeted Groups: Qualified Temporary Assistance to Needy Families Recipients (TANF) Qualified Veterans/Disabled Veterans Qualified Ex-Felons Qualified Designated Community Residents (DCR) residing in an Empowerment Zone (EZ), Renewal Community (RC), or in a Rural Renewal County (RRC) Qualified Vocational Rehabilitation Agency Referrals Qualified Summer Youth (SY) Qualified Food Stamp Recipients (FS) Qualified Supplemental Security Income Recipients (SSI) Qualified Long Term Family Assistance Recipients. (LTFAR) Please note: To obtain tax credits, employers file IRS Form 8850, which must be postmarked within 28 days of the applicant s start date. See the back of this booklet for a copy of IRS Form Disabled Veterans who began work after May 25, 2007 and before September 1, 2011, can earn Texas employers up to $4,800 if they: Are entitled to compensation for a service-connected disability of at least 10% incurred after September 10, 2001, and Have a hiring date with is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States, or Have aggregate periods of unemployment during the 1 year period ending on the hiring date which equal or exceed 6 months. Long-Term Family Assistance Recipients who began work after December 31, 2006 and before September 1, 2011, can earn Texas employers up to $9,000 if they are a member of a family: That received TANF for at least 18 consecutive months before the hire date; or Whose TANF eligibility under federal or state law expired after August 5, 1997 (for applicants hired within two years after their eligibility expired);or That received TANF for at least 18 months, beginning after August 5, 1997, and is hired not more than two years after that18-month period. WOTC Unit

6 Employers who hire welfare recipients, and provide and pay part of their major medical insurance costs, can receive the State of Texas Tax Refund. An employer may qualify for the state tax refund if the employer: pays certain taxes (state sales and use, franchise, boat and boat motor, inheritance and/or Public Utility Commission gross receipts, hotel and/or manufactured housing) to the Texas Comptroller of Public Accounts; and pays wages during the first year of employment to a Texas resident who received TANF or Medicaid benefits within six months of the employee s start date; and provides and pays part of a qualifying employee s HMO health plan costs, self-funded or self-insured plan, or other approved health plan. Note: An employer who requests a refund for wages paid must provide the same insurance coverage to that employee as the employer provides to other employees. Employers can recover up to 20 percent of $10,000 in wages paid during the first year of employment, a refund of up to $2,000 per employee. For more information about the State Tax Refund go to If you have questions about these tax credits, please call the Texas Workforce Commission s Work Opportunity Tax Credit Unit at *You also may access IRS Form 8850 at or The Internal Revenue Service publishes information on filing for the WOTC tax credit in its General Business Credit publication. For more information see IRS Forms 3800, 5884, and Additional Tax Saving for Texas Employers Franchise Tax Credits for Child-Care The legislature created two franchise tax credits related to day care and after-school-care programs. Eligible corporations may take advantage of these credits for qualifying expenditures made in Texas on or after January 1, These credits are administrated by the Texas Comptroller of Public Accounts, which may be contacted at Dependent Care Assistance An employer may earn a fringe benefit for providing dependent care services either paid (directly or indirectly), or provided to an employee under a dependent care assistance program that covers only your employees. For more information on the dependent care assistance fringe benefits review IRS Publication 15-B or contact the IRS at Transportation (Commuting) Benefits This fringe benefit applies to the following: 1) A ride in a commuter highway vehicle between the employee s home and workplace. 2) A transit pass. 3) Qualified parking. The fringe benefit applies whether you provide one or a combination of these benefits to your employees. The IRS administers the qualified transportation benefits and can be reached at Details on the benefits are covered in IRS Publication 15-B. WOTC Unit WOTC Unit

7 Social Security Administration s Ticket to Work Program: [For recipients of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)]. The program is designed for SSA beneficiaries with a disability who want to work. They may choose vocational, employment, or other support services from SSA approved providers. Eligible ticket holders under the Ticket to Work Program may qualify for the WOTC program. WOTC certification requests for Ticket holders are processed under either the Vocational Rehabilitation Referral or Supplemental Security Income (SSI) recipient target groups. For more information visit Social Security Online at or contact the WOTC unit at: Small Business Tax Credit: IRS Code Section 44, Disabled Access Credit. Small Business may take an annual tax credit for making their businesses accessible to persons with disabilities and for accommodating special needs of employees and customers with disabilities. (Maximum tax credit = $5,000. per year) For more information visit: Architectural/Transportation Tax Deduction: IRS Code Section 190, Barrier Removal. Businesses may take an annual deduction for expenses incurred to remove physical, structural, and transportation barriers for persons with disabilities. (Maximum tax deduction = $15,000. per year) For more information contact the Department Of Labor at USA-DOL. Resources: Telephone Numbers, Websites, Downloadable Forms Texas Workforce Commission: Work Opportunity Tax Credit: Internal Revenue Service: IRS Form 8850: State Tax Refund: TWC Form 1098: Department of Labor: ETA Form 9061: Social Security Administration: or or or or or or or Housing and Urban Development: WOTC Unit WOTC Unit

8 WOTC Qualification by Target Group Work Opportunity Tax Credit Definitions Applicant Target Groups Qualifications Documentation Qualified TANF Recipients The applicant received TANF benefits for any nine of the last 18 months. WOTC staff will verify eligibility Qualified Veterans Qualified Disabled Veterans Subgroup Qualified Ex-felons Qualified Designated Community Residents living within an empowerment zone, renewal community, or Rural Renewal Community The applicant is a veteran who served at least 180 days of active duty, has not been on active duty during the 90 days after the hire date and has received food stamps at least three consecutive months within the last 15 months. Applicant has a service connected disability of at least 10% incurred after September 10, 2001 and has a hiring date no more than 1 year after being discharged or released from active duty, or has at least 6 months of unemployment during the 1 year period ending on the hiring date. The applicant has been convicted of a felony or released from prison for a felony in the past year. The applicant is between ages 18 and 39 on hiring date and lives within an empowerment zone, renewal community, or Rural Renewal Community (EZ/RC/RRC). The chart on page 5 lists EZ/RC/RRC areas in Texas. Military Discharge Papers (DD214), food stamps will be verified by WOTC staff. Military Discharge Papers (DD214) and documentation verifying service connected disability status. Documentation that shows felony conviction and/or felony release dates. These may be obtained from correctional institution records, court records, etc. Documentation of age and proof of residence are required. A copy of a birth certificate or driver s license may document age. A current utility bill, telephone bill or driver s license is necessary to prove address of residence. Qualified Vocational Rehabilitation Referrals Qualified Summer Youth The applicant was referred by a rehabilitation agency, or an employment network approved by the State of Texas or the Department of Veterans Affairs. The applicant performs services for the employer between May 1 and September 15, is 16 or 17 years old on hiring date, has not been employed by the same employer before the 90 days (summer period) between May 1 and September 15, and lives in the EZ/RC. Documentation must show the applicant is, or has been receiving services and has an Individualized Written Rehabilitation Plan through a state rehabilitation agency or a Veterans Administration vocational. Documentation of age and proof of residence are required. A birth certificate or driver s license copy may document age. A current utility bill, telephone bill or driver s license is necessary to prove address of residence. Qualified Food Stamp Recipients The applicant is between 18 and 39 on hiring date, and is a member of a family that received food stamps for the last six months; or is an able-bodied adult without dependents who received food stamps at least three of the last five months and is no longer receiving food stamp benefits. Documentation of age and food stamp benefit history is required. A copy of a birth certificate or driver s license is sufficient to determine age. WOTC staff will verify food stamps. Qualified Supplemental Security Income Recipients Qualified Long-Term Family Assistance Recipients The applicant must have received supplemental security income for any month during the 60 days prior to hiring date. A member of a family that received TANF benefits for at least 18 Consecutive months ending on the hiring date, or received any 18 months beginning Sept. 97 with the 18 th month payment falling with in 2 years of hiring date, or whose eligibility expired under a Federal or State law within 2 years of hiring date. Supplemental security income records are required for documentation. These records can be obtained through the Social Security Administration. Benefit Record from Department of Assistive and Rehabilitative Services. Verified by WOTC staff. WOTC Unit WOTC Unit

10 How To Calculate The Credit WOTC is a Two-Tiered System Based on Retention: Tier 1 Employee works 120 hours to 399 hours. Credit is equal to 25% of qualified first year wages. Qualified first year wages are capped at $6,000. Maximum Credit: $1,500 Applies to all WOTC target groups except the New Disabled Veteran Subgroup; and Summer Youth. Summer Youth wages are capped at $3,000 with a Maximum Credit $750. See below for the New Disabled Veteran Subgroup. Tier 2 Employee works 400 hours or more. Credit is equal to 40% of qualified first year wages. Qualified first year wages are capped at $6,000. Maximum Credit: $2,400 Applies to all WOTC targeted groups except the New Disabled Veteran Subgroup; Summer Youth; and LTFA. Summer Youth wages are capped at $3,000 with Maximum Credit $1,200. See below for the New Disabled Veteran Subgroup and Long-Term Family Assistance Recipient. Tier 1 New Disabled Veteran Subgroup (works 120 hours to 399 hours.) Credit is equal to 25% of qualified first year wages. Qualified first year wages are capped at $12,000. Maximum Credit: $3,000 Tier 2 New Disabled Veteran Subgroup (works 400 hours or more.) Credit is equal to 40% of qualified first year wages. Qualified first year wages are capped at $12,000. Maximum Credit: $4,800 Long-Term Family Assistance Recipient Maximum Credit over the 2 years is $9,000 with a Retention period = 400 hours. First Year Tax Credit equal to 40% of qualified first year wages. Qualified first year wages are capped at $10,000. Maximum Credit =$4,000. Second Year Tax Credit equal to 50% of qualified second year wages. Qualified second year wages are capped at $10,000. Maximum Credit =$5,000. WOTC Unit WOTC Unit

11 Instructions for Completing IRS Form 8850 This form must be used for the Work Opportunity Tax Credit Program. Both sections must be completed. Job Applicant Information Work Opportunity Tax Credit Name: Compete with the name of the applicant/potential employee. Social Security Number: Enter the social security number of the applicant/potential employee Address: Physical home address of applicant/potential employee. City/State/Zip: Self-explanatory. Date of Birth: Only required if applicant is under age 40. Telephone Number: Self-explanatory. Question #1: Self-explanatory. Question #2: If job applicant received a conditional certification from an authorized agency or a Texas Workforce Center, check the block; skip question #3; Job applicant signs and dates the IRS Form Question #3-4: If applicant does not have conditional certification, check Questions #3-4 if any statements apply to you. Job applicant signs and dates the IRS Form Applicant s Signature: This must be an original signature by the applicant/potential employee. Job Applicant Information Long-Term Family Assistance Recipient Complete all information on the top third of the page. Question #5 if the applicant/potential employee meets any of the requirements as a Long- Term Family Assistance Recipient, check question #5 and have the job applicant sign and date. Applicant s Signature: This must be an original signature. Employer Use Only Employer name and telephone number: This should reflect the business name & business telephone number. Employer Identification Number (EIN): This is your federal employer tax number. Street Address and City/State/ZIP: Reflect business address information. Person to Contact/Telephone/Address/City/State: To be completed if a third party is the designated point of contact, or if Certification is to be mailed to a different address, i.e. a corporate headquarters. Gave information date: Date the applicant received information regarding position. Was offered job date: Date the job offer was made. Was hired date: The date of actual hire. Started job date: The date the employee physically starts to work. Note: IRS Form 8850 must be postmarked within 28 days of the start date. Signature: The signature of the employer or third party consultant must be original. WOTC Unit WOTC Unit

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14 Instructions for Completing the Individual Characteristic Form (ETA-9061) The Individual Characteristic Form (ETA 9061) is one of two mandatory forms required for WOTC certification. The following is a step-by-step guide for completing this form. Control number: Leave Blank Date received: Leave Blank Employer name/address: Fill out the name and address of the employer. Employer Identification Number (EIN): Fill out the employer s federal tax number. Employment Start Date: Enter the applicant s job start date. Starting Wage/Position: Enter the applicant s job salary/wage and position/title. Have you worked for this employer before? Check Yes or No. Applicant s who have worked for the employer at any time in the past are not eligible for WOTC. Name of individual: Enter the applicant s full name. Social Security Number: Enter the applicant s 9 digit SSN. Answer the next questions with a check mark in either Yes or No as the questions apply to the applicant. Primary recipient: If the applicant is not the primary recipient for TANF, FS, or SSI benefits please include the following: name, city/state of benefits, social security number and case number if available of the primary recipient. Is a member of a family that: answer each section with a Yes or No. Sources to document eligibility: List the sources the employer/consultant used to determine the applicant s eligibility. Signature: The person completing this form must be the person who signs it, unless the applicant is under 18. Otherwise, the signature can be that of the applicant, employer, or consultant. The signature may be in pencil, ink, or computer printed. Date: Enter the date of the signature. WOTC Unit WOTC Unit

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16 Work Opportunity Tax Credit Checklist To apply for the Work Opportunity Tax Credit complete: IRS Form 8850 with original signatures from: Applicant/Employee and Employer ETA Form 9061 Individual Characteristic (ICF) Documents attached to demonstrate eligibility (see page 4 for description of necessary documentation) or ETA Form 9062 Conditional Certification from TWC or an authorized participating agency. Note: The 8850 must be postmarked within 28 days of the start date and have original signatures. State Tax Refund Checklist To apply for the State Tax Refund complete: Form TWC 1098 original signatures required by employee, employer or consultant. Power of Attorney. In cases where an employer uses a third party consultant, a power of attorney must be on file with TWC. Note: Filing dates are January 1 March 31 of the year after wages were earned. Mail completed forms to: Texas Workforce Commission WOTC Unit 101 East 15 th Street, Room 332T Austin, Texas WOTC Unit WOTC Unit

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27 Instructions for Completing Application for State of Texas Tax Refund Employee Information Enter the full name of the employee who received TANF during their first month of employment. Enter the employee s social security number. Enter the employee s employment start date. Enter the employee s termination date (if applicable). The employee MUST sign authorizing the Texas Workforce Commission to certify they received financial assistance under the TANF program during their first month of employment. Enter date signed. Employer Information Enter the beginning and ending dates of the period in which the taxes and wages were paid. A separate claim must be filed for each calendar year. NOTE: The ending date will be the earlier of the employee s termination date, the employee s first anniversary date, or the end of the calendar year. Enter employer s name. Enter the (taxpayer) employer s identification number (EIN). Enter the street address of the employer. Enter the telephone number of the employer. Please list a contact person. Enter telephone number of contact if different from employer number. Enter street address, city, state and ZIP code if different if different from employer information. Enter the total wages paid the employee within the first year of employment. Multiply the amount in Item 17 by 20 percent and enter. If this is the second claim during an employee s first year of employment, enter the refund amount of the first claim. Subtract the amount of Item 20 from that of item 19 and enter the difference. A maximum refund of $2,000 may be claimed for each eligible employee. A prior claim filed for the same employee reduces the maximum amount allowed by the amount of the prior claim. Enter the smaller of Item 18 or 21. This is your refund. WOTC Unit WOTC Unit

28 Insurance Information Check the block that applies to the type of medical insurance coverage you are providing the eligible employee. Enter name of health insurance provider. Enter address of health insurance provider. Enter the group number, if applicable. Enter the policy number, if applicable. By signing, the taxpayer/employer certifies they meet the eligibility requirements listed in the certification. If the form is completed by an authorized agent of the taxpayer /employer, a power of attorney or other written authorization must be on file with the Texas Workforce Commission WOTC/State Tax Refund Unit. Signature of authorized TWC employee. Do not send this form to the State Comptroller. For tax refund assistance, please call: Comptroller of Public Accounts , ext or Texas Workforce Commission or Telecommunication Device for the Deaf or (TDD) ONLY Please allow a minimum of 90 days to receive your refund. WOTC Unit WOTC Unit

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31 IRS Filing Information for WOTC and Long Term Family Assistance IRS Filing Information The Internal Revenue Service publishes information on filing for the WOTC tax credit and the Long Term Family Assistance in its General Business Credit Publication. For your convenience, Form 5884 and 8861 and the corresponding directions for each are included in this booklet. WOTC Unit

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